CONCEPT ON HUMAN RIGHTS

Senator Jose Diokno has this to say on human rights:

“No cause is more worthy than the cause of

human rights. Human rights are more than the legal
concepts; they are the essence of man. They are what
make man human. That is why they are called human
rights. Deny them and you deny man’s humanity”.
(Diokno, 1987)

Human Rights – refer to things that are properly and

justly due to a person by virtue of his
being human.
 Man’s Basic Right (Diokno, 1987)
1.) The right to life
2.) The right to health
3.) The right to own property
4.) The right to work
5.) The right to form trade union
6.) The right to marry

 Man’s Second Basic Right – his right to human

dignity is the source of our rights to recognition as
persons to honor and reputation.
 1.) freedom of opinion and expression
2.) equal treatment before the law

 Man’s Third basic Right – the right to develop is

the source of our right to:
1.) education
2.) to share in the cultural life of our community
3.) to form association with our fellows

Human rights are ideal rights. These rights are held

equally by all human beings, regardless of sex, race, or
status in life. They are rights that ought to be
observed in a positive way and embodied in the legal
system (UP Law Center, 1993)
THE BILL OF RIGHTS
 an enumeration of the people’s rights that the consritution
guarantees and protects against government violation or by
individual or individuals.
 a limitation on government powers in relation to the rights of the
citizens.

A.) THREE GREAT POWERS OF GOVERNMENT

1.) Police Power
2.) Power of Eminent Domain
3.) Power of Taxation

POLICE POWER – the inherent power of the state to restrain and

regulate the use of liberty and property for the comfort, safety,and
welfare of society.
1.) Public Health – e.g. laws restricting importation of
harmful drugs, maternity leave, restraining mobility
of those infected with AIDS, and others.
2.) Public Safety – e.g. laws on driving without license,
carrying of deadly weapons, and others.
3.) Public Welfare – e.g laws on regulating rent of
apartments/houses, price control, and others.
4.) Public Morals – e.g. laws on prohibiting gambling,
closing movie houses, exhibiting lewd films, and
others.

POWER OF EMINENT DOMAIN - the inherent right of

the state to appropriate private lands for public
purpose upon payment of just compensation.
Example:
A private land lying in the way of a road
construction can be taken by the government after
satisfying due process and payment of just
compensation, whether the owner would like to sell it
or not.

POWER OF TAXATION – refers to the power of the

state to impose burdens on persons, properties,
services, and occupations.

 These three powers are inherent and belong to the

very essence of government. Without these, the
government cannot perform its function and cannot
exist.
B.) CLASSES OF RIGHTS OF CITIZENS

a.) Natural Rights – rights which are possessed by

every citizen without being granted by the state for
they are given to man by God as a human being so
that he may live a happy life. Examples: the right to
life, the right to love

b.) Constitutional Rights – those rights that a citizen

exercises to participate in the affairs of the
government. Examples: right to suffrage, right of
citizenship, and the right to petition the government
for redress of grievances.
c.) Civil Rights – those rights that a citizen enjoys in
pursuance of individual happiness and development.

Examples: the right against involuntary servitude, right

to property, and the right to abode and travel, right of
an accused like the right to counsel and presumption of
innocence unless proven guilty.

d.) Statutory Rights – refer to rights provided by laws

which are granted by the legislature and may be
abolished by the same body.

Examples: right to a minimum wage, right to a maternity

leave for employed women and paternity leave for
married and employed men (RA 81871 or the Paternity
Act of 1996)
C.INDIVIDUAL RIGHTS IN RELATION TO SOCIETY
AND STATE AUTHORITY

Rights – refer to one’s privileges to claim and do what

he is justly entitled to.

Freedom – means to be free to do anything at will

without prior restraint.

 Rights and freedom, however, are not absolute or

license for anyone to do what he wishes.

 Freedom should go hand in hand with responsibility.

Unbridled freedom is disastrous to society and will
lead to anarchy.
 One’s right may be in conflict with another’s
individual’s rights. For instance, your right as a writer
to publish stories on the lives of people may interfere
with their rights to privacy. Our right to play videoke
to its maximum volume may deprive others of their
right to peace or silence.

 When one’s right comes in conflict with others, the

Constitution expressly provides that the government
may interfere with these rights and freedom. Our
rights and freedom then must be subject to the powers
of government, subject to limitations which the
constitution provides to promote the general welfare of
society.
 Salient provisions of Article III.

RIGHT TO LIFE, LIBERTY, AND PROPERTY

Section 1 states, “No person shall be deprived of life,

liberty, or property without due process of law, nor shall
any person be denied the equal protection of the law”.

Five human rights enumerated in this section:

1.) right to life
2.) right to liberty
3.) right to property
4.) right to due process of law
5.) right to equal protection of the laws
Right to life – means not only the right to be alive but
also the right to be secure of one’s limb
or any part of the body from physical
harm.
 a life of dignity (Section 11)

 a decent standard of living (Section 9 of Article II)

 Article II, Section 12 states that, “ It shall equally

protect the life of the mother and the life of the unborn
from conception”. (prohibition of abortion anytime
during the first six months of pregnancy)

Liberty – means not only freedom from physical

restraint(imprisonment) but also the freedom to use
one’s faculties without restraint, subject to limitations
provided by law.
Property – refers to the things or right over a thing,
which constitutes our possession.

When do we say that we can be deprived of life, liberty,

and property?
 Life is deprived not only when our animal existence is
taken by others but also when others cause the loss of
our physical and mental attributes. Example: a loss of
both feet is tantamount to death.

 Liberty is taken away from us not only when we are

imprisoned or detained but also when we are
prevented from doing what we wish to do. Example: a
law requiring parents to send their children only in
public schools is a deprivation of liberty.
 We are deprived of our property when it is physically
taken from us or when our property is destroyed, its
value is diminished or its use is impaired.

How can we deprived of life, liberty and property

according to Section 1?
 It is clear from Section 1 that due process of law must
precede deprivation of life, liberty, and
property(Defensor-Santiago, 1973). It means that a
person can be sent by the government to lethal
injection, be put to jail, or his property confiscated
provided that there is due process of law.

Person – refers to all person, citizens, or not, including

private corporations with legal entity.